If your family member died and you believe it was someone else’s fault, you may be able to hold that party legally responsible by taking a civil action against them. You can file a wrongful death claim or suit in Ascension Parish, Louisiana. A Prairieville wrongful death attorney from the Morris Bart law office may be able to help.
Our personal injury law firm provides free, confidential, no-obligation consultations to families who lost loved ones in car accidents and other negligent incidents in the greater Baton Rouge area. We can help you understand your rights and next steps to build a case and get justice for your loved one.
Louisiana’s Wrongful Death Laws
Every state has different statutes that outline how wrongful death cases work. These cases vary widely regarding who can file, how this process works, what you must prove, and the damages recoverable. In Louisiana, the burden of proof is similar to that of a personal injury case. You must prove negligence and liability.
Other things to know about these cases include:
Only Specific Family Members Are Eligible to File and Recover Compensation
In Louisiana, the surviving relatives file a wrongful death claim and may be able to recover compensation for those who suffered losses. Those who file these claims generally include:
- The surviving spouse and children or a surviving spouse if no children
- Any surviving children if there is no surviving spouse
- The surviving father and mother, either parent individually or legal guardians
- Any surviving sibling, if there are no surviving spouse, children, or parents
- Surviving grandparents, if there are no other surviving family members
In most cases, a surviving family member will fall into one of these categories. However, there may be some circumstances where there is not, and another party suffered financial losses. In these situations, we encourage you to let us review your case to determine your legal rights.
Types of Recoverable Economic and Non-Economic Damages
Louisiana law allows surviving family members to recover compensation for their compensable expenses and losses due to their loved one’s death. This includes both economic and intangible losses. Specific examples include:
- Medical bills for treatment before their death
- Funeral and burial or cremation costs
- Loss of household income and benefits
- Loss of services usually provided by the decedent, such as hiring someone to handle their household chores or paying for childcare costs
- The psychological suffering endured by surviving family members, such as loss of companionship
Our wrongful death lawyers help our clients identify their related damages, valuing them and seeking a fair payout based on this value.
For a free legal consultation with a Wrongful Death lawyer serving Prairieville, call 800-537-8185
Why You Should Choose Our Wrongful Death Attorneys to Help With Your Case
At the Morris Bart law firm, we fight to hold the at-fault parties accountable and receive financial recovery for our clients. We know how stressful and overwhelming it can feel to lose a loved one and not know what to do to get justice or pay your bills. We represent families filing wrongful death claims based on contingency. Your family will not pay any upfront fees.
We have a long history—more than 40 years—of winning tough cases and recovering compensation for our clients. In 2019, we secured payouts for more than 6,500 clients across our 15 offices. We handle a wide range of personal injury cases and can file a wrongful death action based on any of them. This includes:
- Car accidents
- Truck crashed
- Bus accidents
- Boating accidents
- Slip and falls
- Trip and falls
- Dog bites
If you believe another party acted carelessly or recklessly and caused your loved one’s death, we will provide a free initial consultation in your case. Our legal team handles all Prairieville personal injury and wrongful death cases from our Baton Rouge office, located at:
5555 Hilton Avenue #555
Baton Rouge, LA 70808
While we have this office in Baton Rouge, we will meet you in Ascension Parish if we manage your case. We can also review your case for free via phone, video call, or other means. Again, we are here to make this process easy and stress-free for your family.
How Can I Prove My Wrongful Death Claim in Prairieville?
The investigation, evidence, and claims process are similar in a wrongful death action and a personal injury case under Louisiana law. Per La. Civ. Code Art. 2315.2, proving a wrongful death requires us to show negligence occurred. There are four required elements to this:
- The at-fault individual had a duty to act a certain way
- They did not do so
- This caused the accident or incident
- The victim suffered financial and physical harm
In addition, there are other things we must show to receive an insurance settlement or convince the jury that the defendant was legally responsible and must compensate our client’s family. This includes:
- Who acted negligently
- What exactly happened
- That the incident caused the victim’s death
- If there are other liable parties, such as the at-fault party’s employer
- That the family suffered damages
- The fair settlement value of the damages suffered, including intangible losses
What Is the Deadline to File a Wrongful Death Lawsuit?
Louisiana law offers only one year to sue following your loved one’s death. This is the same deadline as in most personal injury cases under La. Civ. Code Art. 3492. Before this date arrives, we must:
- Investigate what happened
- Build and file an insurance claim
- Attempt to reach a settlement, when possible
- Prepare and file a lawsuit
The clock begins on the date of your loved one’s death. If we do not file your initial paperwork in civil court before the deadline, you could lose the right to act.
Discuss Your Legal Options With a Wrongful Death Lawyer Today for Free
Our lawyers are standing by at the Morris Bart law office to review your case for free. You can speak with an attorney about the specific details of your loved one’s death and your family’s losses. We are here to help you understand your options for holding the at-fault parties responsible.
Call us to connect with our Baton Rouge office today.
to find a Morris Bart office near you.